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TMI Blog2025 (1) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions of the ld. A.R. appears to be justifiable as there was no change of any objects and activities of the trust for assessment year 2020-21 and that also of assessment year 2019-20. Thus, the decisions cited by the ld. A.R., when the entire process of assessment starts from the stage of filing of return u/s. 139 or issuance of notice u/s. 142(1) till the making of the assessment order u/s. 143(3) of section 144 will be applicable in assessee's case vis-à-vis the assessment proceedings when pending before the Assessing Officer on the date of registration u/s. 12A of the Act in terms of section proviso of section 12A(2) of the Act which provides for the grant of registration for preceding assessment year. The corpus of donatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income except the amounts received by way of voluntary contribution as stated by the trust. The approval of the Trust was initially granted on 30-01-2020 w.e.f. 25-10-2019 in respect of section 11 and 12. The income of the trust was claimed to be exempt for the relevant assessment year 2019- 20. However, this voluntary contributions treated as income by the Income Tax Department and demand for tax applicable thereon to give with interest was raised by the Income tax Department vide intimation under section 143(1) dated 26-03- 2021. The Income Tax Department did not take assessee's contention and therefore a rectification application dated 22- 02-2023 u/s. 154 of the Act was filed by the trust in response to the intimation u/s. 143(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8/Pun/2020 (Pune Tribunal) 3. Leh Nutrition Project v. Deputy Commissioner of Income Tax (223) 101 ITR(T) 9 (Amritsar - Tribunal) 4. Punjab Educational Society v Income Tax Officer - IT. Moga (2017) ITR(T) 622 (Amritsar - Tribunal) 5. Shree Bhanushali Mitra Mandal Trust v. Income Tax Officer Ward-3 Vapi (2016) 68 taxmann.com 250 (Ahmedabad- Tribunal) 6 6. Prem Prakash Mandal Sewa Trust v. Income Tax Officer (Exemption Raipur (CG) (2021) 192 ITD 109 (Raipur-Tribunal) 7. Deputy Commissioner of Income Tax v Shree Saraswati Education Sanstahan [2023] 203 ITD 668 (Ahmedabad- Tribunal) 8. Income Tax Officer (Exemptions) v Smt. Basanti Devi & Shri Chakhan Lal Garg Education Trust [2011] ITA No. 5082/Del/2020 9. Income Tax Officer (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of return u/s. 139 or issuance of notice u/s. 142(1) till the making of the assessment order u/s. 143(3) of section 144 will be applicable in assessee's case vis-à-vis the assessment proceedings when pending before the Assessing Officer on the date of registration u/s. 12A of the Act in terms of section proviso of section 12A(2) of the Act which provides for the grant of registration for preceding assessment year. The corpus of donations i.e. voluntary donations are considered a capital receipts which are not chargeable to the Income Tax Act and therefore the same cannot be considered as income as envisaged by various decisions relied by the ld. A.R.. Decision cited by ld. D.R. that of Hon'ble Gujarat High Court in case of Mayur Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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